[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1200 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1200

  To establish a temporary vehicle trade-in program through which the 
  Secretary of Transportation shall provide financial incentives for 
consumers to replace fuel inefficient vehicles with vehicles that have 
                     above average fuel efficiency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2009

Mrs. Feinstein (for herself, Ms. Collins, Mr. Schumer, and Mr. Carper) 
introduced the following bill; which was read twice and referred to the 
                        Committee on the Budget

_______________________________________________________________________

                                 A BILL


 
  To establish a temporary vehicle trade-in program through which the 
  Secretary of Transportation shall provide financial incentives for 
consumers to replace fuel inefficient vehicles with vehicles that have 
                     above average fuel efficiency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Short Term Accelerated Retirement of 
Inefficient Vehicles Act of 2009''.

SEC. 2. TEMPORARY VEHICLE TRADE-IN PROGRAM.

    (a) Establishment.--There is established in the National Highway 
Traffic Safety Administration a program, to be known as the ``Cash for 
Clunkers Temporary Vehicle Trade-In Program'', through which the 
Secretary, in accordance with this section and the regulations 
promulgated under subsection (d), shall--
            (1) authorize the issuance of a voucher, subject to the 
        specifications set forth in subsection (c), to offset the 
        purchase price or lease price of a fuel efficient automobile 
        upon the transfer of the certificate of title of an eligible 
        trade-in vehicle to a dealer participating in the Program;
            (2) register dealers for participation in the Program and 
        require each registered dealer to--
                    (A) accept vouchers provided under this section as 
                partial payment or down payment for the purchase or 
                lease of any fuel efficient automobile offered for sale 
                or lease by such dealer; and
                    (B) dispose of each eligible trade-in vehicle in 
                accordance with subsection (c)(2) after the title of 
                such vehicle is transferred to the dealer under the 
                Program;
            (3) in consultation with the Secretary of the Treasury, 
        make payments to dealers for eligible transactions by such 
        dealers before the date that is 1 year after regulations are 
        promulgated under subsection (d), in accordance with such 
        regulations; and
            (4) in consultation with the Secretary of the Treasury and 
        the Inspector General of the Department of Transportation, 
        establish and provide for the enforcement of measures to 
        prevent and penalize fraud under the Program.
    (b) Qualifications for and Value of Vouchers.--A voucher issued 
under the Program shall have a value that may be applied to offset the 
purchase price or lease price of a fuel efficient automobile as 
follows:
            (1) $1,000 value.--The voucher may be used to offset the 
        purchase price of a previously owned fuel efficient automobile 
        manufactured for model year 2004 or later, by $1,000 if--
                    (A) the newly purchased fuel efficient automobile 
                is a passenger automobile and the combined fuel economy 
                value of such automobile is at least 7 miles per gallon 
                higher than the combined fuel economy value of the 
                eligible trade-in vehicle;
                    (B) the newly purchased fuel efficient automobile 
                is a category 1 truck and the combined fuel economy 
                value of such truck is at least 3 miles per gallon 
                higher than the combined fuel economy value of the 
                eligible trade-in vehicle; or
                    (C) the newly purchased fuel efficient automobile 
                is a category 2 truck that has a combined fuel economy 
                value of at least 17 miles per gallon and the combined 
                fuel economy value of such truck is at least 3 miles 
                per gallon higher than the combined fuel economy value 
                of the eligible trade-in vehicle, which is also a 
                category 2 truck.
            (2) $2,500 value.--The voucher may be used to offset the 
        purchase price or lease price of the new fuel efficient 
        automobile by $2,500 if--
                    (A) the new fuel efficient automobile is a 
                passenger automobile and the combined fuel economy 
                value of such automobile is at least 7 miles per gallon 
                higher than the combined fuel economy value of the 
                eligible trade-in vehicle;
                    (B) the new fuel efficient automobile is a category 
                1 truck and the combined fuel economy value of such 
                truck is at least 3 miles per gallon higher than the 
                combined fuel economy value of the eligible trade-in 
                vehicle;
                    (C) the new fuel efficient automobile is a category 
                2 truck that has a combined fuel economy value of at 
                least 17 miles per gallon and--
                            (i) the eligible trade-in vehicle is a 
                        category 2 truck and the combined fuel economy 
                        value of the new fuel efficient automobile is 
                        at least 3 miles per gallon higher than the 
                        combined fuel economy value of the eligible 
                        trade-in vehicle; or
                            (ii) the eligible trade-in vehicle is a 
                        category 3 truck manufactured for model year 
                        2001 or earlier; or
                    (D) the new fuel efficient automobile is a category 
                3 truck and the eligible trade-in vehicle is a category 
                3 truck manufactured for model year 1999 or earlier and 
                is of similar size or larger than the new fuel 
                efficient automobile, as determined in a manner 
                prescribed by the Secretary.
            (3) $3,500 value.--The voucher may be used to offset the 
        purchase price or lease price of the new fuel efficient 
        automobile by $3,500 if--
                    (A) the new fuel efficient automobile is a 
                passenger automobile and the combined fuel economy 
                value of such automobile is at least 10 miles per 
                gallon higher than the combined fuel economy value of 
                the eligible trade-in vehicle;
                    (B) the new fuel efficient automobile is a category 
                1 truck and the combined fuel economy value of such 
                truck is at least 6 miles per gallon higher than the 
                combined fuel economy value of the eligible trade-in 
                vehicle; or
                    (C) the new fuel efficient automobile is a category 
                2 truck that has a combined fuel economy value of at 
                least 17 miles per gallon and the combined fuel economy 
                value of such truck is at least 5 miles per gallon 
                higher than the combined fuel economy value of the 
                eligible trade-in vehicle, which is also a category 2 
                truck.
            (4) $4,500 value.--The voucher may be used to offset the 
        purchase price or lease price of the new fuel efficient 
        automobile by $4,500 if--
                    (A) the new fuel efficient automobile is a 
                passenger automobile and the combined fuel economy 
                value of such automobile is at least 13 miles per 
                gallon higher than the combined fuel economy value of 
                the eligible trade-in vehicle;
                    (B) the new fuel efficient automobile is a category 
                1 truck and the combined fuel economy value of such 
                truck is at least 9 miles per gallon higher than the 
                combined fuel economy value of the eligible trade-in 
                vehicle; or
                    (C) the new fuel efficient automobile is a category 
                2 truck that has a combined fuel economy value of at 
                least 17 miles per gallon and the combined fuel economy 
                value of such truck is 7 miles per gallon higher than 
                the combined fuel economy value of the eligible trade-
                in vehicle, which is also a category 2 truck.
    (c) Program Specifications.--
            (1) Limitations.--
                    (A) General period of eligibility.--A voucher 
                issued under the Program may only be used for the 
                purchase or lease of a fuel efficient automobile that 
                occurs between the date on which the regulations 
                promulgated under subsection (d) are implemented and 
                the date that is 1 year after such date.
                    (B) Number of vouchers per person and per trade-in 
                vehicle.--Not more than 1 voucher may be issued for a 
                single person and not more than 1 voucher may be issued 
                for the joint registered owners of a single eligible 
                trade-in vehicle.
                    (C) No combination of vouchers.--Only 1 voucher 
                issued under the Program may be applied toward the 
                purchase or lease of a single new fuel efficient 
                automobile.
                    (D) Cap on vouchers for category 3 trucks.--Not 
                more than 7.5 percent of the amounts made available for 
                the Program may be used for vouchers for the purchase 
                or qualifying lease of category 3 trucks.
                    (E) Combination with other incentives permitted.--
                The availability or use of a Federal or State tax 
                incentive or a State-issued voucher for the purchase or 
                lease of a new fuel efficient automobile shall not 
                limit the value or issuance of a voucher under the 
                Program.
                    (F) No additional fees.--A dealer participating in 
                the program may not charge a person purchasing or 
                leasing a new fuel efficient automobile any additional 
                fees associated with the use of a voucher under the 
                Program.
                    (G) Number and amount.--The total number and value 
                of vouchers issued under the Program may not exceed the 
                amounts appropriated for such purpose.
                    (H) Values for qualifying shorter term leases.--If 
                a fuel efficient vehicle is leased under a qualifying 
                shorter term lease, the value of the voucher issued 
                under the Program shall be 50 percent of the value 
                otherwise applicable under subsection (b).
            (2) Disposition of eligible trade-in vehicles.--
                    (A) In general.--If the title of an eligible trade-
                in vehicle is transferred to a dealer under the 
                Program, the dealer shall certify to the Secretary, in 
                such manner as the Secretary shall prescribe by rule, 
                that such vehicle, including the engine and drive 
                train--
                            (i) has been or will be crushed or shredded 
                        within such period and in such manner as the 
                        Secretary prescribes, or will be transferred to 
                        an entity that will ensure that the vehicle 
                        will be crushed or shredded within such period 
                        and in such manner as the Secretary prescribes; 
                        and
                            (ii) has not been, and will not be, sold, 
                        leased, exchanged, or otherwise disposed of for 
                        use as an automobile in the United States or in 
                        any other country, or has been or will be 
                        transferred, in such manner as the Secretary 
                        prescribes, to an entity that will ensure that 
                        the vehicle has not been, and will not be, 
                        sold, leased, exchanged, or otherwise disposed 
                        of for use as an automobile in the United 
                        States or in any other country.
                    (B) Savings provision.--Nothing in subparagraph (A) 
                may be construed to preclude a person who dismantles or 
                disposes of the vehicle from--
                            (i) purchasing the disposed vehicle from a 
                        dealer for the purpose of selling parts other 
                        than the engine block and drive train;
                            (ii) selling any parts of the disposed 
                        vehicle other than the engine block and drive 
                        train, unless the engine or drive train has 
                        been crushed or shredded; or
                            (iii) retaining the proceeds from such 
                        sale.
                    (C) Coordination.--The Secretary shall coordinate 
                with the Attorney General to ensure that the National 
                Motor Vehicle Title Information System and other 
                publicly accessible and commercially available systems 
                are appropriately updated to reflect the crushing or 
                shredding of vehicles under this section and 
                appropriate reclassification of the vehicles' titles.
    (d) Rulemaking.--Notwithstanding the requirements of section 553 of 
title 5, United States Code, the Secretary shall promulgate final 
regulations to implement the Program not later than 30 days after the 
date of the enactment of this Act. Such regulations shall--
            (1) provide for a means of registering dealers for 
        participation in the Program;
            (2) establish procedures for the electronic reimbursement 
        of dealers participating in the Program, within 10 days after 
        the submission to the Secretary of information supporting the 
        eligible transaction, as determined appropriate by the 
        Secretary, for the appropriate amount under subsection (c) and 
        any reasonable administrative costs incurred by the dealer;
            (3) prohibit any dealer from using vouchers to offset any 
        other rebate or discount offered by that dealer or by the 
        manufacturer of the new fuel efficient automobile;
            (4) require dealers to disclose to the person trading in an 
        eligible trade-in vehicle the best estimate of the scrappage 
        value of such vehicle and to permit the dealer to retain $50 of 
        any amounts paid to the dealer for scrappage of the automobile 
        as payment for any administrative costs to the dealer 
        associated with participation in the Program;
            (5) consistent with subsection (c)(2), establish 
        requirements and procedures for the disposal of eligible trade-
        in vehicles and provide such information as may be necessary to 
        entities engaged in such disposal to ensure that such vehicles 
        are disposed of in accordance with such requirements and 
        procedures, including--
                    (A) requirements for the removal and appropriate 
                disposition of refrigerants, antifreeze, lead products, 
                mercury switches, and such other toxic or hazardous 
                vehicle components prior to the crushing or shredding 
                of an eligible trade-in vehicle, in accordance with 
                rules established by the Secretary, in consultation 
                with the Administrator of the Environmental Protection 
                Agency, and in accordance with other applicable Federal 
                and State requirements;
                    (B) a mechanism for dealers to certify to the 
                Secretary that eligible trade-in vehicles are disposed 
                of, or transferred to an entity that will ensure that 
                the vehicle is disposed of, in accordance with such 
                requirements and procedures and to submit the vehicle 
                identification numbers, mileage, condition, and other 
                appropriate information, as determined by the 
                Secretary, of the vehicles disposed of and the new fuel 
                efficient automobile purchased with each voucher; and
                    (C) a mechanism for obtaining such other 
                certifications as deemed necessary by the Secretary 
                from entities engaged in vehicle disposal;
            (6) establish a mechanism for dealers to determine the 
        scrappage value of the trade-in vehicle; and
            (7) provide for the enforcement of the penalties described 
        in subsection (e)(2).
    (e) Anti-Fraud Provisions.--
            (1) Violation.--It shall be unlawful for any person to 
        violate any provision under this section or any regulations 
        issued pursuant to subsection (d).
            (2) Penalties.--Any person who commits a violation 
        described in paragraph (1) shall be liable to the United States 
        Government for a civil penalty in an amount equal to not more 
        than $25,000 for each such violation.
    (f) Information to Consumers and Dealers.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, and promptly upon the update of any 
        relevant information, the Secretary shall make information 
        about the Program available through an Internet Web site and 
        through other means determined by the Secretary. Such 
        information shall include--
                    (A) how to determine if a vehicle is an eligible 
                trade-in vehicle;
                    (B) how to determine the scrappage value of an 
                eligible trade-in vehicle;
                    (C) how to participate in the Program, including 
                how to determine participating dealers; and
                    (D) a comprehensive list, by make and model, of 
                fuel efficient automobiles meeting the requirements of 
                the Program.
            (2) Public awareness campaign.--Upon completing the 
        requirements under paragraph (1), the Secretary shall conduct a 
        public awareness campaign to inform consumers about the Program 
        and the sources for additional information.
    (g) Recordkeeping and Report.--
            (1) Database.--The Secretary shall maintain a database that 
        includes--
                    (A) the vehicle identification numbers of all fuel 
                efficient vehicles purchased or leased under the 
                Program; and
                    (B) the vehicle identification numbers, mileage, 
                condition, scrappage value, and other appropriate 
                information, as determined by the Secretary, of all the 
                eligible trade-in vehicles which have been disposed of 
                under the Program.
            (2) Report.--Not later than June 30, 2010, the Secretary 
        shall submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives that describes the 
        efficacy of the Program and includes--
                    (A) a description of the results of the Program, 
                including--
                            (i) the total number and amount of vouchers 
                        issued for purchase or lease of new fuel 
                        efficient automobiles by manufacturer 
                        (including aggregate information concerning the 
                        make, model, model year) and category of 
                        automobile;
                            (ii) aggregate information regarding the 
                        make, model, model year, mileage, condition, 
                        and manufacturing location of vehicles traded 
                        in under the Program; and
                            (iii) the location of sale or lease;
                    (B) an estimate of the overall increase in fuel 
                efficiency in terms of miles per gallon, total annual 
                oil savings, and total annual greenhouse gas 
                reductions, as a result of the Program; and
                    (C) an estimate of the overall economic and 
                employment effects of the Program.
    (h) Rule of Construction.--For purposes of determining Federal or 
State income tax liability or eligibility for any Federal or State 
program that bases eligibility, in whole or in part, on income, the 
value of any voucher issued under the Program to offset the purchase 
price or lease price of a new fuel efficient automobile shall not be 
considered income of the person purchasing such automobile.
    (i) Definitions.--In this section:
            (1) Category 1 truck.--The term ``category 1 truck'' means 
        a nonpassenger automobile (as defined in section 32901(a)(17) 
        of title 49, United States Code) that--
                    (A) has a combined fuel economy value of at least 
                20 miles per gallon; and
                    (B) is not a category 2 truck.
            (2) Category 2 truck.--The term ``category 2 truck'' means 
        a large van or a large pickup, as categorized by the Secretary 
        using the method used by the Environmental Protection Agency 
        and described in the report entitled ``Light-Duty Automotive 
        Technology and Fuel Economy Trends: 1975 through 2008''.
            (3) Category 3 truck.--The term ``category 3 truck'' has 
        the meaning given the term ``work truck'' in section 
        32901(a)(19) of title 49, United States Code.
            (4) Combined fuel economy value.--The term ``combined fuel 
        economy value'' means--
                    (A) with respect to a new fuel efficient 
                automobile, the number, expressed in miles per gallon, 
                centered below the words ``Combined Fuel Economy'' on 
                the label required to be affixed or caused to be 
                affixed on a new automobile pursuant to subpart D of 
                part 600 of title 40 Code of Federal Regulations;
                    (B) with respect to an eligible trade-in vehicle 
                manufactured after model year 1984, the equivalent 
                number determined on the fueleconomy.gov Web site of 
                the Environmental Protection Agency for the make, 
                model, and year of such vehicle; and
                    (C) with respect to an eligible trade-in vehicle 
                manufactured between model years 1978 through 1984, the 
                equivalent number determined by the Secretary and 
                posted on the website of the National Highway Traffic 
                Safety Administration, using data maintained by the 
                Environmental Protection Agency for the make, model, 
                and year of such vehicle.
            (5) Dealer.--The term ``dealer'' means a person that is 
        licensed by a State and engages in the sale of automobiles to 
        ultimate purchasers.
            (6) Eligible trade-in vehicle.--The term ``eligible trade-
        in vehicle'' means an automobile or a work truck (as such terms 
        are defined in section 32901(a) of title 49, United States 
        Code) that, at the time it is presented for trade-in under this 
        section--
                    (A) is in drivable condition;
                    (B) has been continuously insured, consistent with 
                State law, and registered to the same owner for a 
                period of not less than 1 year immediately prior to 
                such trade-in; and
                    (C) has a combined fuel economy value of 17 miles 
                per gallon or less.
            (7) Fuel efficient automobile.--The term ``fuel efficient 
        automobile'' means a vehicle described in paragraph (1), (2), 
        (3), or (9), that was manufactured for any model year after 
        2003, and, at the time of the original sale to a consumer--
                    (A) carries a manufacturer's suggested retail price 
                of $45,000 or less;
                    (B) complies with the applicable air emission and 
                related requirements under the National Emission 
                Standards Act (42 U.S.C. 7521 et seq.);
                    (C) qualifies for listing in emission bin 1, 2, 3, 
                4, or 5 (as defined in section 86.1803-01 of title 40, 
                Code of Federal Regulations), or for work trucks the 
                applicable vehicle and engine standards found under 
                section 86.005-10 and 86.007-11 of title 40, Code of 
                Federal Regulations; and
                    (D) has a combined fuel economy value of--
                            (i) 24 miles per gallon, if the vehicle is 
                        a passenger automobile;
                            (ii) 20 miles per gallon, if the vehicle is 
                        a category 1 truck; or
                            (iii) 17 miles per gallon, if the vehicle 
                        is a category 2 truck.
            (8) New fuel efficient automobile.--The term ``new fuel 
        efficient automobile'' means a fuel efficient automobile, the 
        equitable or legal title of which has not been transferred to 
        any person other than the ultimate purchaser.
            (9) Passenger automobile.--The term ``passenger 
        automobile'' means a passenger automobile (as defined in 
        section 32901(a)(18) of title 49, United States Code) that has 
        a combined fuel economy value of at least 24 miles per gallon.
            (10) Program.--The term ``Program'' means the Cash for 
        Clunkers Temporary Vehicle Trade-In Program established under 
        this section.
            (11) Qualifying lease.--The term ``qualifying lease'' means 
        a lease of an automobile for a period of not less than 5 years.
            (12) Qualifying shorter term lease.--The term ``qualifying 
        shorter term lease'' means a lease of an automobile for a 
        period of not less than 3 years and not more than 5 years.
            (13) Scrappage value.--The term ``scrappage value'' means 
        the amount received by the dealer for an eligible trade-in 
        vehicle upon transferring title of such vehicle to the person 
        responsible for ensuring the dismantling and destruction of the 
        vehicle.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation, acting through the National Highway Traffic 
        Safety Administration.
            (15) Ultimate purchaser.--The term ``ultimate purchaser'' 
        means, with respect to any new automobile, the first person who 
        in good faith purchases such automobile for purposes other than 
        resale.
            (16) Vehicle identification number.--The term ``vehicle 
        identification number'' means the 17-character number used by 
        the automobile industry to identify individual automobiles.

SEC. 3. EXPEDITED CONSIDERATION OF AMERICAN RECOVERY AND REINVESTMENT 
              ACT RESCISSIONS.

    (a) Proposed Rescission of Discretionary Budget Authority.--The 
President may propose, at the time and in the manner provided in 
subsection (b), the rescission of any discretionary budget authority 
provided under the American Recovery and Reinvestment Act (Public Law 
111-5).
    (b) Transmittal of Special Message.--(1) Not later than 15 days 
after the date of the enactment of this Act, the President may--
            (A) transmit to Congress a special message proposing to 
        rescind amounts of discretionary budget authority provided in 
        the American Recovery and Reinvestment Act; and
            (B) include with the special message described in 
        subparagraph (A) a draft bill or joint resolution that, if 
        enacted, would only rescind that discretionary budget 
        authority.
    (2) If an Act includes accounts within the jurisdiction of more 
than 1 subcommittee of the Committee on Appropriations, the President, 
in proposing to rescind discretionary budget authority under this 
section, shall send a separate special message and accompanying draft 
bill or joint resolution for accounts within the jurisdiction of each 
such subcommittee.
    (3) Each special message transmitted to Congress under this 
subsection shall specify, with respect to the discretionary budget 
authority proposed to be rescinded--
            (A) the amount of budget authority proposed to be rescinded 
        or which is to be so reserved;
            (B) any account, department, or establishment of the 
        Government to which such budget authority is available for 
        obligation, and the specific project or governmental functions 
        involved;
            (C) the reasons why the budget authority should be 
        rescinded or is to be so reserved;
            (D) to the maximum extent practicable, the estimated 
        fiscal, economic, and budgetary effect of the proposed 
        rescission or of the reservation; and
            (E) all facts, circumstances, and considerations relating 
        to or bearing upon the proposed rescission or the reservation 
        and the decision to effect the proposed rescission or the 
        reservation, and to the maximum extent practicable, the 
        estimated effect of the proposed rescission or the reservation 
        upon the objects, purposes, and programs for which the budget 
        authority is provided.
    (c) Limitation on Amounts Subject to Rescission.--The amount of 
discretionary budget authority the President may propose to rescind in 
a special message under this section for a particular program, project, 
or activity may not exceed $4,000,000,000.
    (d) Procedures for Expedited Consideration.--(1)(A) Before the 
close of the second day of continuous session of the applicable House 
of Congress after the date of receipt of a special message transmitted 
to Congress under subsection (b), the majority leader or minority 
leader of the House of Congress in which the Act involved originated 
shall introduce (by request) the draft bill or joint resolution 
accompanying that special message. If the bill or joint resolution is 
not introduced by the third day of continuous session of that House 
after the date of receipt of that special message, any Member of that 
House may introduce the bill or joint resolution.
    (B) A bill or joint resolution introduced pursuant to subparagraph 
(A) shall be referred to the Committee on Appropriations of the House 
in which it is introduced. The bill or joint resolution shall be voted 
on not later than the seventh day of continuous session of that House 
after the date of receipt of that special message. If the Committee on 
Appropriations fails to vote on the bill or joint resolution within 
that period, that committee shall be automatically discharged from 
consideration of the bill or joint resolution, and the bill or joint 
resolution shall be placed on the appropriate calendar.
    (C) A vote on final passage of a bill or joint resolution 
introduced pursuant to subparagraph (A) shall be taken in that House on 
or before the close of the 10th calendar day of continuous session of 
that House after the date of the introduction of the bill or joint 
resolution in that House, except in cases in which the Committee on 
Appropriations has considered and voted against discharging the bill or 
joint resolution for further consideration. If the bill or joint 
resolution is agreed to, the Clerk of the House of Representatives (in 
the case of a bill or joint resolution agreed to in the House of 
Representatives) or the Secretary of the Senate (in the case of a bill 
or joint resolution agreed to in the Senate) shall cause the bill or 
joint resolution to be engrossed, certified, and transmitted to the 
other House of Congress on the same calendar day on which the bill or 
joint resolution is agreed to.
    (2)(A) A bill or joint resolution transmitted to the Senate or the 
House of Representatives pursuant to paragraph (1)(C) shall be referred 
to the Committee on Appropriations of that House. The bill or joint 
resolution shall be voted on not later than the seventh day of 
continuous session of that House after it receives the bill or joint 
resolution. A committee failing to vote on the bill or joint resolution 
within such period shall be automatically discharged from consideration 
of the bill or joint resolution, and the bill or joint resolution shall 
be placed upon the appropriate calendar.
    (B) A vote on final passage of a bill or joint resolution 
transmitted to that House shall be taken on or before the close of the 
10th calendar day of continuous session of that House after the date on 
which the bill or joint resolution is transmitted, except in cases in 
which the Committee on Appropriations has considered and voted against 
discharging the bill or joint resolution for further consideration. If 
the bill or joint resolution is agreed to in that House, the Clerk of 
the House of Representatives (in the case of a bill or joint resolution 
agreed to in the House of Representatives) or the Secretary of the 
Senate (in the case of a bill or joint resolution agreed to in the 
Senate) shall cause the engrossed bill or joint resolution to be 
returned to the House in which the bill or joint resolution originated.
    (3)(A) A motion in the House of Representatives to proceed to the 
consideration of a bill or joint resolution under this section shall be 
highly privileged and not debatable. An amendment to the motion and a 
motion to reconsider the vote by which the motion is agreed to or 
disagreed to shall not be in order.
    (B) Debate in the House of Representatives on a bill or joint 
resolution under this section shall not exceed 4 hours, which shall be 
divided equally between those favoring and those opposing the bill or 
joint resolution. A motion further to limit debate shall not be 
debatable. It shall not be in order to move to recommit a bill or joint 
resolution under this section or to move to reconsider the vote by 
which the bill or joint resolution is agreed to or disagreed to.
    (C) Appeals from decisions of the Chair relating to the application 
of the Rules of the House of Representatives to the procedure relating 
to a bill or joint resolution under this section shall be decided 
without debate.
    (D) Except to the extent specifically provided in the preceding 
provisions of this subsection, consideration of a bill or joint 
resolution under this section shall be governed by the Rules of the 
House of Representatives.
    (4)(A) A motion in the Senate to proceed to the consideration of a 
bill or joint resolution under this section shall be privileged and not 
debatable. An amendment to the motion and a motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall not be in 
order.
    (B) Debate in the Senate on a bill or joint resolution under this 
section, and all debatable motions and appeals in connection to such 
bill or joint resolution, shall not exceed 10 hours. The time shall be 
equally divided between, and controlled by, the majority leader and the 
minority leader or their designees.
    (C) Debate in the Senate on any debatable motion or appeal in 
connection with a bill or joint resolution under this section shall be 
limited to not more than 1 hour, to be equally divided between, and 
controlled by, the mover and the manager of the bill or joint 
resolution, except that in the event the manager of the bill or joint 
resolution is in favor of any such motion or appeal, the time in 
opposition to such motion or appeal shall be controlled by the minority 
leader or his designee. Either such leader may, from time under their 
control on the passage of a bill or joint resolution, allot additional 
time to any Senator during the consideration of any debatable motion or 
appeal.
    (D) A motion in the Senate to further limit debate on a bill or 
joint resolution under this section is not debatable. A motion to 
recommit a bill or joint resolution under this section is not in order.
    (e) Amendments Prohibited.--No amendment to a bill or joint 
resolution considered under this section shall be in order in the 
Senate or the House of Representatives. No motion to suspend the 
application of this subsection shall be in order in either House, nor 
shall it be in order in either House to suspend the application of this 
subsection by unanimous consent.
    (f) Requirement To Make Available for Obligation.--Any amount of 
discretionary budget authority proposed to be rescinded in a special 
message transmitted to Congress under subsection (b) shall be made 
available for obligation on the day after the date on which either 
House defeats the bill or joint resolution transmitted with that 
special message.
    (g) Definitions.--For purposes of this section--
            (1) continuity of a session of either House of Congress 
        shall be considered as broken only by an adjournment of that 
        House sine die, and the days on which that House is not in 
        session because of an adjournment of more than 3 days to a date 
        certain shall be excluded in the computation of any period; and
            (2) the term ``discretionary budget authority'' means the 
        dollar amount of discretionary budget authority and obligation 
        limitations--
                    (A) specified in the American Recovery and 
                Reinvestment Act (Public Law 111-5), or the dollar 
                amount of budget authority required to be allocated by 
                a specific proviso in an appropriation law for which a 
                specific dollar figure was not included;
                    (B) represented separately in any table, chart, or 
                explanatory text included in the statement of managers 
                or the governing committee report accompanying such 
                law;
                    (C) required to be allocated for a specific 
                program, project, or activity in a law (other than an 
                appropriation law) that mandates obligations from or 
                within accounts, programs, projects, or activities for 
                which budget authority or an obligation limitation is 
                provided in an appropriation law;
                    (D) represented by the product of the estimated 
                procurement cost and the total quantity of items 
                specified in an appropriation law or included in the 
                statement of managers or the governing committee report 
                accompanying such law; or
                    (E) represented by the product of the estimated 
                procurement cost and the total quantity of items 
                required to be provided in a law (other than an 
                appropriation law) that mandates obligations from 
                accounts, programs, projects, or activities for which 
                dollar amount of discretionary budget authority or an 
                obligation limitation is provided in an appropriation 
                law.
    (h) Conforming Amendment.--Section 1014(e)(1) of the Congressional 
Budget and Impoundment Control Act of 1974 (2 U.S.C. 685(e)(1)) is 
amended--
            (1) in subparagraphs (A) and (B), by striking ``he'' each 
        place such term appears and inserting ``the President'';
            (2) in subparagraph (A), by striking ``and'' at the end;
            (3) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) the President has transmitted a special 
                message under section 3 of the Short Term Accelerated 
                Retirement of Inefficient Vehicles Act of 2009 with 
                respect to a proposed rescission; and''.

SEC. 4. SUNSET PROVISION.

    Section 3 shall be repealed on the date on which regulations are 
promulgated under section 2(d).
                                 <all>